Applicant
Respondent
In the case of Kuk v. Canada, dated August 23, 2023, the Applicant, an employee at Toronto General Hospital's Universal Health Network (UHN), sought judicial review after the Social Security Tribunal Appeal Division (SST-AD) upheld the decision not to grant him employment insurance (EI) benefits. The UHN had mandated vaccination for all employees as of August 2021, under Directive 6 of the Health Protection and Promotion Act. Despite the UHN's clarifications on the policy, the Applicant requested an exemption in September 2021, which was not grounded in the Ontario Human Rights Code, leading to its rejection by UHN on October 4, 2021. Consequently, the unvaccinated Applicant was terminated on November 2, 2021. His EI claim was denied by the Canada Employment Insurance Commission on May 5, 2022, attributing the termination to his misconduct. Both the SST-General Division (SST-GD) and SST-AD supported this decision. The main contention was the SST-AD's rationale in rejecting the Applicant's appeal against the SST-GD's verdict. The final judgment dismissed the application for judicial review without any costs.
Court
Federal CourtCase Number
T-186-23Practice Area
Employment lawAmount
Winner
RespondentTrial Start Date
24 January 2023Download documents